If you are stuck in such a situation, here is what to do.

A concerned sibling reached out about a distressing situation involving their younger brother, Rohan, a 12th-grade student preparing for a major engineering entrance exam. For several days, a classmate named Vikram had been verbally bullying Rohan at their public school in Indrapur. Rohan had warned Vikram to stop on multiple occasions, but the harassment continued.

Recently, the situation escalated into a physical fight between the two. While both exchanged blows, Rohan seemingly got the upper hand, which apparently bruised Vikram’s ego. Later that day, Vikram, along with 3-4 other boys, ambushed Rohan outside the school premises and assaulted him. Rohan sustained several injuries, including a swollen hand and a laceration on the back of his head, among other minor wounds.

Instead of going to the hospital immediately, Rohan went home first. His mother then took him to a local clinic for first aid and subsequently to a hospital for a proper examination. At the hospital, a police officer remarked that an FIR (First Information Report) could not be registered because they did not come directly from the scene of the incident. The family is now worried about Rohan’s safety, as the school’s class teacher has called a meeting with both sets of parents, and any disciplinary action against Vikram, such as suspension, might lead to further retaliation. The family feels helpless, especially as the elder sibling works in Vikasnagar and cannot be physically present for support, and the school administration is uncooperative regarding leaves of absence for students.

Advice in such cases

Navigating such a situation requires a calm and strategic approach to ensure your brother’s safety and hold the perpetrators accountable.

• Prioritize Medical Care: The first step is always to ensure the victim receives proper medical attention. When you visit the hospital, insist on a Medico-Legal Case (MLC) report. This is a crucial piece of evidence documenting the injuries and their nature.
• Document Everything: Keep a detailed record of all events. Write down the dates and times of the bullying incidents, the fight, and the group assault. Take clear photographs of the injuries from multiple angles. Preserve any torn clothing or other physical evidence.
• Inform the School Formally: While the teacher has called a meeting, you should also submit a formal written complaint to the school principal. Detail the history of bullying and the subsequent assault. This creates an official record and puts the responsibility on the school to take action to ensure student safety on its premises.
• File a Police Complaint: The advice given by the police officer at the hospital is incorrect. You can and should file a police complaint regardless of the delay. Go to the local police station that has jurisdiction over the area where the assault took place and submit a written complaint to register an FIR.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The actions described constitute several criminal offenses under the Bharatiya Nyaya Sanhita, 2023 (BNS). The police may invoke the following sections:

• Section 115 of the BNS (Causing hurt): This section applies to the act of causing bodily pain, disease, or infirmity to any person. The initial fight and the subsequent assault both fall under this.
• Section 116 of the BNS (Causing grievous hurt): Depending on the medical report, if the injuries are severe (like a fracture or a deep wound), this more serious section could be applied.
• Section 109 of the BNS (Assault or criminal force): This deals with the act of assault itself. When it is done by a group, other provisions may apply.
• Section 308 of the BNS (Criminal intimidation): If the bullying involved threats to cause harm, this section would be applicable.
• Offenses Committed by a Group: Since the main assault was carried out by a group, provisions related to acts done by several persons in furtherance of a common intention can be invoked, making every member of the group equally liable for the crime.

If you are the complainant

• Draft a clear, chronological complaint detailing the bullying, the initial fight, and the group assault. Name all the individuals you can identify.
• Attach copies of the medical report (MLC), photographs of injuries, and any other evidence you have.
• Submit the complaint to the Officer-in-Charge of the police station and obtain a receipt or a Community Service Register (CSR) number. Insist on the registration of an FIR as the offenses are cognizable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Regularly follow up with the Investigating Officer (IO) on the progress of the investigation.

If you are the victim

• Your immediate priority is your health and safety. Get medical treatment without delay and ensure an MLC is prepared.
• Do not downplay your injuries or the incident. Recount the events accurately to your family, the doctor, and the police.
• Preserve all evidence related to the incident, including any threatening messages or social media posts from the bullies.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Cooperate with the police investigation but have a lawyer to guide you through the process to protect your rights.

How the police behave in such cases

It is not uncommon for the police to be dismissive of such cases, especially when they involve students, sometimes labeling them as “minor school scuffles.” The officer’s advice at the hospital was incorrect and aimed at discouraging a formal complaint. An FIR for a cognizable offense (like assault causing injury) is mandatory, and a delay in reporting is not a valid ground for refusal. If the local police refuse to register an FIR, you have the right to send your complaint in writing to a senior officer, like the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP). If that also fails, a lawyer can help you file a private complaint before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then order the police to register an FIR and investigate.

FAQs people normally have

Will filing a police case affect my brother’s future or his exams?
Being a victim or a complainant in a criminal case will not negatively impact your brother’s academic or professional future. A criminal record is created only upon conviction for a crime. Seeking justice and ensuring his safety should be the priority.

What if the other party files a counter-complaint (cross-FIR)?
This is a common tactic to create pressure. If they file a complaint about the initial fight, your brother should state the facts clearly, highlighting that he was being bullied and acted in self-defense. The investigation will examine both complaints, and evidence will determine the aggressor.

How can we ensure my brother’s safety at school going forward?
A registered FIR and a formal complaint to the school will put pressure on the authorities to take the matter seriously. You can request the school to provide assurances for his safety, such as keeping the bullies away from him or increasing supervision. A lawyer can also send a legal notice to the school, highlighting their duty of care.

What evidence is required?

Strong evidence is key to a successful prosecution. The following are crucial:

• The Medico-Legal Case (MLC) Report: This is the primary evidence from the hospital that corroborates the injuries.
• Photographs and Videos: Clear photos of the injuries. Any CCTV footage from cameras near the school, shops, or houses where the assault took place would be invaluable.
• Witness Testimony: Statements from your brother (the victim) and any other students or people who witnessed the bullying or the assault.
• Physical Evidence: Any torn or blood-stained clothing should be preserved and handed over to the police.

How long will the investigation take?

There is no fixed timeline for a police investigation. It can range from a few weeks to several months, depending on the complexity of the case, the evidence to be collected (like waiting for CCTV footage), and the workload of the police. The BNSS has introduced timelines for certain stages, but delays are still possible. A lawyer can help monitor the investigation and file applications in court if there is an unreasonable delay, ensuring the case moves forward.

Advocate Sudhir Rao, Supreme Court of India